Foss v. Melton

¶1 In 2007, Sean Melton, an authorized manager and member of TJS Investment Properties, 1 purchased four parcels of property in Darby, Montana. Lee Foss, through Foss Realty, represented seller Len Wallace. Foss’s commission on the sale was $112,000 which Melton contractually agreed to pay. Subsequently, Foss sued Melton for the unpaid balance of the commission. Melton countered that Foss had failed to comply with the “exhaustion of remedies” clause in the contract. Both parties filed motions for summary judgment. The Twenty-First Judicial District Court granted Foss’s motion and denied…